How can I investigate a trust and contest estate handling after father's 2016 death in Arizona?

Question

My father passed away in January 2016 in Arizona. Prior to his passing, I suggested making my sister the executor because I traveled internationally frequently and lived in Texas. After his death, my sister attempted to alter his will to cut out another sister with an alcohol problem and encouraged me to forge papers, which I refused, warning her I would testify about her actions. They provided a mismatched copy of his will that was pieced together in different font and paper types. My sister and her husband cleared out his home and files before notifying me, taking everything without providing the new will or attorney details used for redrafting. He mentioned needing my SSN for a trust naming me as a beneficiary, but I never received confirmation. I am unsure how to check if the changes were filed or recorded in Arizona. I have correspondence detailing these transactions. Given my situation, what steps can I take to investigate whether a trust was filed or how to contest the estate's handling?

Gregory Christopher Poulos · Answer

The fact that your father passed away in 2016 and you have not pursued any remedies creates problems for you to learn anything about the estate.  
If all of the assets were in a Trust, while you should have been notified if you were a beneficiary, given your description of their conduct, is it likely that they did not act properly? In Arizona, trust administration can be accomplished without any court filing needed. 
If there were no assets in a trust, then any assets without a beneficiary should have gone through probate. You should be able to search for a probate filing in the County where he lived to see if a probate was opened.  
If his assets had beneficiaries named, they would not have to go through probate. 
You may want to search to determine in what name the title to the real estate was in when he died. 
You might consider a probate petition against them to determine what happened, but you are likely to risk the case being dismissed for being brought too late in violation of the applicable statute of limitations for such claims.

James L. Arrasmith · Answer

In Arizona, you can start by checking with the probate court in the county where your father lived at the time of his death. If a will was submitted, there should be a probate case on file that you can review, including any documents your sister may have filed. If nothing was submitted, that raises questions about whether the estate was handled outside of court or if assets were placed in a trust. 
 
For the trust, you can request information directly from the probate court, but trusts are often private and may not be recorded unless tied to real estate. You can also search county property records to see if any deeds were transferred into a trust with your father’s name. Since you believe you are a named beneficiary, you have the right to request a copy of the trust documents from the trustee, who may be your sister if she appointed herself. 
 
If you suspect wrongdoing, you can petition the probate court to compel disclosure of the will, trust, and accounting of the estate. Having your correspondence and records of what was said will strengthen your position. The key step is to formally involve the court so you can obtain access to the documents and prevent further concealment of your father’s intentions.

Q: How can I investigate a trust and contest estate handling after father's 2016 death in Arizona?